Amicus Brief filed in Support of Eagle Forum of Alabama’s Fight to Quash Unprecedented U.S. DOJ Subpoena

(BIRMINGHAM) – Today, an Amicus Brief was filed in the United States District Court in support of Eagle Forum of Alabama’s fight to quash the U.S. Department of Justice’s (DOJ) unprecedented subpoena of August 9, 2022. The DOJ’s subpoena asks for all information related to the non-profit’s legislative activities promoting the Alabama Vulnerable Child Compassion And Protection Act (VCAP) since 2017.

The Amicus Brief (attached) represents a broad range of support across the spectrum including Members of Congress, public policy advocates, grassroot groups and prominent stakeholders from across the country. A complete alphabetical list of those who filed the Amicus Brief is below.

The groups and individuals who filed the Brief, “agree that the United States’ subpoena in this case is a transparent use of the civil litigation process to chill the speech and political organizing of those who hold views contrary to those of the United States Government and the Department of Justice. Accordingly, the subpoena affects not just the recipient but also a substantial number of other entities and individuals across all ideological and political spectra, whose internal discussions and grassroots organizing will be chilled from the specter of facing civil subpoenas issued by government officials seeking reams of protected materials.”

“Eagle Forum is grateful to have so many join us in this crucial fight to ensure all private citizen advocates and non-profit advocacy organizations can engage in the legislative process regardless of their viewpoint,” said Kristen A. Ullman, President of Eagle Forum. “The groups and individuals who filed the Amicus Brief know, as we do, if the DOJ can weaponize a subpoena, any American can be unduly burdened and prevented from engaging in our democratic republic form of government. Freedom of speech and freedom of association will be squelched.”

VCAP became effective on May 8, 2022, following consideration in three successive legislative sessions including seven public hearings and passionate legislative campaigns conducted by proponent and opponent advocacy groups and individuals. Final passage was by large majorities in both Alabama chambers.

The constitutionality of Alabama’s VCAP law is the subject of Eknes-Tucker, et. al. v. Marshall, et. al., a lawsuit filed in the US District Court on April 19, 2022. On April 29, 2022, the DOJ filed a motion to join as an intervenor-party to the lawsuit. Eagle Forum of Alabama is not a party in this legal action. The DOJ subpoena is broad, intrusive, and meant to harass. It seeks 5 ½ years of information, including: all private communications with legislators or anyone else regarding VCAP; every note, meeting-minutes, letter, policy goals and strategy effort, speech, presentation materials, research, polling; drafts of the bill or its amendments (which can be found on the legislative website); and documents pertaining to publicly-posted social media and webpages, etc.

###